Module 7 Flashcards
Reasons why the children of the middle ages were treated harshly ?
- The parents didn’t expect their child to live long so they didn’t show much interest or try to take care of them
- Because of the lack of contraceptives they had infanticide and abandonment to control family size
1a. Provide a discussion of how children were treated in the Middle Ages.
What are some Child Rearing Practices of the middle ages ?
Wet Nurses - other women to breast feed the baby when the mom had to work
Swaddling - wrapping the baby up in a bandage to protect it from everything
How did language reflect attitudes toward children in the middle ages ?
Most of their languages didn’t have words that differentiated between adults and children
How the criminal justice system viewed children of certain ages at that time.
- You were considered a juvy until the age of 7
- at 7 you could possibly receive prison time or death but 14 was the adult age
1b. Explain the societal trends that began to change this harsh treatment of children, and when it began occurring.
In the 1400s the infant mortality rates dropped which meant more children lived which lead to more parents caring and taking care of their child
Where did delinquency originate ?
London in the 1800s
Where was the first incarcerate facility for juveniles ?
The house of refuge in New York in 1835
- it was the first in the world
What are some other alternative methods for dealing with juveniles?
John Augustus found “Seeds” and took responsibility for juveniles
- Parents Patriae
- Placing out
What is Parents Patriae ?
An alternative for dealing with juveniles
- gives the judge custodial rights over the child
What is placing out ?
Alternative for dealing with juveniles
- putting juveniles on a train taking them out to town while farmers picked which kids they wanted to work for them
The first juvenile court (and why it started where it did and who founded it)?
Found in 1899 in cook county Chicago
- Formed by the Chicago women’s association
- Created for juveniles so they wouldn’t be treated as adults
1d. What is the primary goal of the juvenile justice system (according to virtually all experts)?
The best interest of the child
How does the juvenile court and adult court differ in terms of mens reus and actus reus?
Juvies can be responsible for committing a criminal act like an adult (actus reus) but are not able to judge right and wrong so cant have a guilty intent (mens reus)
What is the juvenile term for the adult term Indictment ( meaning the criminal should be charged ) ?
Petition is for juveniles meaning the evidence is worthy enough to take to court
What is the juvenile term for the adult term alignment/preliminary hearing ( used to determine if the adult should be charged or not ) ?
Intake hearing, determines if the case should move forward
What is the juvenile term for the adult term Trial
Adjudication hearing, if your are adjudicated you cant be guilty of mens reus
What is the juvenile term for the adult term pre sentencing investigation ?
Social history
What is the juvenile term for the adult term Sentencing ?
Disposition, a sentence is a punishment for a crime a disposition is disposing of the case in the best interest of the child
In re Gault ( 1967 )
accused of prank calling neighbors
4 rights were not given to him
- written notice of charges
- right to counsel
- right to confront accusers
- protection against self incrimination
Provided more rights at the adjudication hearing across the country
- was not being helped but punished
In re Winship (1970)
Accused for stealing 112$ from women’s purse in locker room
- The issue is wether or not a delinquent facing a charge should be adjudicated on standards of proof less than “ beyond a reasonable doubt “all vases must be
- supreme court ruled that all cases must use beyond a reasonable doubt when making a decision, but juveniles being charged with status offenses can still be adjudicated using preponderance
- after this case all juveniles adjudicated under preponderance had a redo or were released
Preponderance
Which ever way the evidence seems to be leading to which can be 50 50
Beyond reasonable doubt
The evidence is far greater , you’re 90% sure the delinquent is guilty
McKeiver v. Pennsylvania (1971)
Accused of stealing 25 cents
- was denied a jury trial because it would destroy the traditional character of juvenile proceedings
- trial is decided by jurors and judges are better triers of facts than jurors who are persuaded by dramatic performances by lawyers
- Juvies don’t have a right to a jury trial because its not in the best interest of the child
- the only case that does not reject the doctrine of parents patriae
Kent v United States (1966 )
The basic issue is wether a juvenile had rights to due process regarding a fair waiver hearing ( which transfers him to adult court )
- supreme court ruled he has a right to a waiver
- Kent’s ruling set the stage for In Re Gault and provided more due process rights but only for the district of columbia
Breed v Jones (1975)
Charged with armed robbery
- Judge waived him to adult court after being adjudicated in juvy court
- lawyer argued double jeopardy
- the issue was wether or not that constituted a breach of the double jeopardy clause of the constitution
- supreme court ruled it did because he risked being punished at both courts
The three states that have the youngest age for defining juveniles ?
New york
North Carolina
Connecticut age 15 and up are adults
how do states tend to define the minimum age at which a juvenile can be tried as an adult ?
They don’t define a minimum age so that prosecutors can have more discretion on which juveniles they charge as adults
1d. What is the primary goal of the juvenile justice system (according to virtually all experts)?
The best interest of the child
How does the juvenile court and adult court differ in terms of mens reus and actus reus?
Juvies can be responsible for committing a criminal act like an adult (actus reus) but are not able to judge right and wrong so cant have a guilty intent (mens reus)
What is the juvenile term for the adult term Indictment ( meaning the criminal should be charged ) ?
Petition is for juveniles meaning the evidence is worthy enough to take to court
What is the juvenile term for the adult term alignment/preliminary hearing ( used to determine if the adult should be charged or not ) ?
Intake hearing, determines if the case should move forward
What is the juvenile term for the adult term Trial
Adjudication hearing, if your are adjudicated you cant be guilty of mens reus
What is the juvenile term for the adult term pre sentencing investigation ?
Social history
What is the juvenile term for the adult term Sentencing ?
Disposition, a sentence is a punishment for a crime a disposition is disposing of the case in the best interest of the child
In re Gault ( 1967 )
accused of prank calling neighbors
4 rights were not given to him
- written notice of charges
- right to counsel
- right to confront accusers
- protection against self incrimination
Provided more rights at the adjudication hearing across the country
- was not being helped but punished
In re Winship (1970)
- The issue is wether or not a delinquent facing a charge should be adjudicated on standards of proof less than “ beyond a reasonable doubt “all vases must be
- supreme court ruled that all cases must use beyond a reasonable doubt when making a decision, but juveniles being charged with status offenses can still be adjudicated using preponderance
- after this case all juveniles adjudicated under preponderance had a redo or were released
Preponderance
Which ever way the evidence seems to be leading to which can be 50 50
Beyond reasonable doubt
The evidence is far greater , you’re 90% sure the delinquent is guilty
McKeiver v. Pennsylvania (1971)
Accused of stealing 25 cents
- was denied a jury trial because it would destroy the traditional character of juvenile proceedings
- trial is decided by jurors and judges are better triers of facts than jurors who are persuaded by dramatic performances by lawyers
- Juvies don’t have a right to a jury trial because its not in the best interest of the child
- the only case that does not reject the doctrine of parents patriae
Kent v United States (1966 )
The basic issue is wether a juvenile had rights to due process regarding a fair waiver hearing ( which transfers him to adult court )
- supreme court ruled he has a right to a waiver
- Kent’s ruling set the stage for In Re Gault and provided more due process rights but only for the district of columbia
Breed v Jones (1975)
Charged with armed robbery
- Judge waived him to adult court after being adjudicated in juvy court
- lawyer argued double jeopardy
- the issue was wether or not that constituted a breach of the double jeopardy clause of the constitution
- supreme court ruled it did because he risked being punished at both courts
The three states that have the youngest age for defining juveniles ?
New york
North Carolina
Connecticut age 15 and up are adults
how do states tend to define the minimum age at which a juvenile can be tried as an adult ?
They don’t define a minimum age so that prosecutors can have more discretion on which juveniles they charge as adults
